HomeMy WebLinkAboutFinal Plat for Amended Plat for Meadow Creek Subdivision 1
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development
SUBJECT: Final Plat for the Amended Plat of Lot 7A, Block 10, Meadow Creek Subdivision,
Phase 1 - #P-13008
MEETING DATE: May 20, 2013
AGENDA ITEM TYPE: Consent Agenda Item
RECOMMENDATION: That the City Commission approves the Final Plat for the Amended Plat of Lot 7A, Block 1, Meadow Creek Subdivision, Phase 1 to subdivide 4.001 acres and authorize the
Director of Public Works to execute the same on behalf of the City of Bozeman upon review and
approval by the City Attorney’s Office .
BACKGROUND: On September 24, 2012, the Bozeman City Commission conditionally approved the preliminary plat application for the Amended Plat of Lot 7A, Block 10, Meadow Creek Subdivision,
Phase 1 to subdivide approximately 1.004 acres and create 4 single-household lots. Said minor
subdivision is located on the west side of South 27th Avenue between Mean Lane and Kurk Drive.
Staff has concluded that all terms and conditions of the preliminary plat approval have been met. State
law provides that the governing body shall approve the plat only if: a) The plat conforms to the conditions of approval set forth on the preliminary plat and to the terms
of State subdivision law and the regulations adopted by the Bozeman City Commission; and
b) The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid.
Attached is a memorandum from Dave Skelton, Senior Planner, delineating how the conditions of
preliminary plat approval have been satisfied and recommending approval of the final plat application
for the Amended Plat of Lot 7A, Block 10, Meadow Creek Subdivision, Phase 1. Said recommendation is contingent on receiving review and approval by the City Attorney’s Office and Director of Public Works. The County Treasurer has certified, by signing the mylars, that all real property taxes and special
assessments have been paid.
Commission Memorandum
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UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the final plat as presented and recommended.
2) Deny the final plat. FISCAL EFFECTS: Requirements for parkland dedication as part of this application has been met
with the filing of the final plat for Meadow Creek Subdivision, Phase 1. City sewer and water
connection fees, and applicable impact fees will be collected for the new services when a building
permit is issued for each of the residential lots. Attachments: Planning Staff’s Summary Review
Final Plat
Final Plat application materials
Report compiled on May 6, 2013
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planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230 Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263 planning@bozeman.net
www.bozeman.net
MEMORANDUM
------------------------------------------------------------------------------------------------------------------------------ TO: CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: DAVE SKELTON, SENIOR PLANNER RE: FINAL PLAT REVIEW AND APPROVAL FOR THE AMENDED PLAT OF LOT 7A, BLOCK 10, MEADOW CREEK SUBDIVISION, PHASE 1
PLANNING FILE NO. P-13008
DATE: MAY 2, 2013 ------------------------------------------------------------------------------------------------------------------------------
Morrison Maierle, Inc., has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for The Amended Plat of Lot 7A, Block 10, Meadow Creek Subdivision, Phase 1, a four-lot minor subdivision. Said minor subdivision is
located on the west side of South 27th Avenue between Mean Lane and Kurk Drive.
On September 24, 2012, the City Commission granted preliminary plat approval to subdivide
1.004 acres and create four residential lots for R-3 (Residential Medium Density District) development, located on the west side of South 27th Avenue between Mean Lane and Kurk Drive. Staff’s summary
review addresses the conditions of preliminary plat approval outlined in the Findings of Fact and Order.
Attached is a copy of the signed Findings of Fact and Order dated November 11, 2012.
The developer has applied for final plat review and approval of the amended plat of Lot 7A,
Block 10, Meadow Creek Subdivision, Phase 1 that includes an Improvements Agreement and financial guarantee for subdivision related improvements that will not be completed with the filing of the final
plat (i.e., South 27th Avenue median landscape and landscape irrigation improvements). Based on the
summary review provided below, the Development Review Committee, City Engineering’s Office and
Planning Department have reviewed the application against the conditions of preliminary plat approval;
and as a result, find that the final plat application may be approved by the City Commission.
Three (3) original mylars of the Final Plat, original Platting Certificate, copy of the
Improvements Agreement and financial guarantee, and copy of the Findings of Fact and Order are
attached for your review. The Improvements Agreement, property owner’s association documents and
other applicable documents will be recorded and filed with the final plat at the Clerk and Recorder’s
Office.
The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using
the attached original Platting Certificate; approve the Certificate of Director of Public Works,
Release of Sanitary Restrictions, and Certificate of Completion "as to form". Once the City
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Commission has acted on the Final Plat application, please forward the original mylar plats and
documents to the Director of Public Works for the Director’s signature.
A complete application was submitted to the Planning Department on March 28, 2013. Based on
the applicant having submitted a complete application on March 28, 2013 for final plat review and
approval, and further finding that the application was deemed complete on April 3, 2013, the 45-day
(working days) review period for this final plat would expire on May 29, 2013. The conditions of
preliminary plat approval, which are pertinent to this minor subdivision, and how they have been met, follow.
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier
stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5)
paper prints. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
a. The Certificate of Director of Public Service will need to be amended to identify the new
Director of Public Service, Craig Woolard.
b. The Certificate of Completion of Improvements will still need to be included on the final
plat to verify completion of the said subdivision improvements.
Said amendments to the above certificates have been completed.
2. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire
Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
Attached is the applicant’s written narrative responding to the conditions of preliminary plat approval.
3. Per Section 38.26.050.F “Street Median Island Landscaping” – The street median island for
South 27th Avenue situated between Kurk Drive and Meah Lane shall be landscaped and
irrigated according to the requirements determined through the plan review process and the City of Bozeman Superintendent of Streets.
The applicant has executed the attached Improvements Agreement and financial guarantee to complete the subdivision improvements within one (1) year of the filing of the final plat (see
attached copies).
4. A notation shall be provided on the final plat to confirm the existing 1-foot wide “No Access” strip for all residential lots fronting onto the arterial road, South 27th Avenue.
The final plat contains the referenced 1-foot wide No Access strip along South 27th Avenue.
DS/dps Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy
Applicant’s Written Narrative and Binder
Original Platting Certificate
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Copy of Improvements Agreement
Copy of Financial Guarantee Copy of Findings of Fact and Order
Copy of the Property Owner’s Association Documents
cc: Craig Woolard, Director of Public Works (with copy of plat and memo from Andy Kerr) Stacy Ulmen, Clerk of Commission (with copy of plat)
Bozeman 1, LLC, c/o Rocky Mtn Bank, 2901 W Main Street, Bozeman, MT 59718
Morrison Maierle, Inc., 2880 Technology Blvd. West, Box 1113, Bozeman, MT 59771
Planning File No. P-13008
Bozeman Municipal Code Provisions:
1. Pursuant to Section 38.03.040.A.5(f), conditional approval of the preliminary plat shall be in
force for not more than one calendar year. Prior to that expiration date, the applicant may submit
a letter of request for the extension of the period to the Planning Director for the City
Commission’s consideration. The City Commission may, at the written request of the applicant, extend its approval for a mutually agreed upon time. More than one extension may be requested
for a particular subdivision. Each request shall be considered on its individual merits as provided
for in Section 38.03.040.A.5(g), BMC.
Preliminary plat approval was on September 24, 2012. Therefore, this final plat application was submitted within the one year timeline of preliminary plat approval.
2. Pursuant to Section 38.03.040.A.1, the applicant shall submit with the application for final plat
review and approval, a written narrative stating how each of the conditions of preliminary plat
approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.) where this
information can be found.
Said written narrative is included in packet.
3. Pursuant to Section 38.23.060.A, all easements, existing and proposed, shall be accurately
depicted and addressed on the final plat and in the final plat application.
The City Engineer’s Office reviewed the final plat for easements and closure on May 2, 2013
(see attached memorandum).
4. Pursuant to Section 38.27.090, executed waivers of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required to be filed and of
record with the Gallatin County Clerk and Recorder.
Said waiver for a parkland maintenance district was filed with the filing of the final plat for
Meadow Creek Subdivision, Phase 1.
5. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person
with experience in weed management and knowledgeable in weed identification. A noxious
weed management and revegetation plan, approved by the County Weed Control District, shall
be submitted with the final plat.
A new Memorandum of Understanding was executed between the subdivider and County Weed Control District on March 18, 2013.
6. When applicable, the final covenants, conditions, restrictions and easements shall be submitted
with the final plat application for review and approval by the Planning Department and shall
contain, but not be limited to, the provisions required in Section 38.38.020, BMC.
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The final plat application includes a draft declaration stating that said subdivision lots will be
incorporated into the existing homeowner’s association with the filing of the final plat. Said executed declaration is scheduled to be delivered to the Planning Department shortly and will be filed with the final plat.
7. Pursuant to Section 38.39.01., if it is the developer’s intent to file the final plat prior to
installation, certification, and acceptance of all required improvements by the City of Bozeman,
an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements,
the developer shall supply the City of Bozeman with an acceptable method of security equal to
150 percent of the cost of the remaining improvements.
Attached is a copy of the applicable Improvements Agreement and financial guarantee for the remaining improvements that will not be completed prior to the filing of the final plat. The financial guarantee exceeds the calculated amount for the South 27th Avenue median improvements as it also includes a guarantee for construction of the remaining boulevard
sidewalks for all of Meadow Creek Subdivision, Phase 1.
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